Bajaj Auto Ltd (BAL), on Monday, hardened its stand on the alleged patent infringement by rival TVS Motor Co and said it will take all necessary steps to safeguard its interests and “inflict maximum permissible damage upon the offender”.

Responding to TVS Motor’s threat to file a Rs 250 crore damage suit, Bajaj Auto CEO (two-wheelers) S Sridhar said Bajaj is preparing to defend its intellectual property rights in the event such a product is eventually introduced.

“At the time, if evaluation of the actual product appears to suggest reasonable grounds for infringement, Bajaj will take all necessary steps to safeguard its interests as also to inflict the maximum permissible damage upon the offender to set an effective precedent for the future,” he said. On Sunday, TVS had responded sharply over Bajaj’s allegement that its new 125cc Flame uses Bajaj’s patented tachnology.   TVS said it had asked its lawyers to put BAL on notice that unless it withdraws the allegations, the company would file a suit seeking damages of Rs 250 crore.

‘It is different’
When contacted, TVS Motor Vice President Corporate Communications Cecil K Dewars said, “We stand by our statement. Our technology is different from theirs and they (BAL) need to prove (that TVS infringed).”

Asked if the spat would impact TVS’ plans to roll out ‘Flame’, Mr Dewars said, “We are going ahead as per schedule and there is no question  of changing it.” Mr Sridhar said BAL had received necessary approvals in July 2005 via patent number 195904 and added it believes that the use of twin spark technology, christened Bajaj DTS-i, in small automotive engines “is worthy of intellectual protection”.

In a statement he said Bajaj had been anxious that failing domestic manufacturers may in an act of desperation adopt similar dubious methods in India.

Stating that BAL was not aware “if there exists any application for revocation of the patent”, he said the company was expecting approval of international patent application in various foreign countries subsequent to its application dated October 30, 2003.

“Recently Chinese manufacturer Taian Chiran Machinery Co Ltd and its Sri Lankan distributor were instructed by High Court to withdraw their copy of the Bajaj Pulsar with DTSi technology from the market,” he added.